Set Profile > Fountain Court Chambers > London, England

Insolvency

Aviation Tier 1

Fountain Court Chambers is applauded by clients as a 'go-to set for complex aviation-related litigation' thanks to its offering of a 'strong spread of top-quality silks and juniors'. Bankim Thanki QC, Alexander Milner, Akhil Shah QC and David Murray, were involved in judicial review proceedings, brought by the administrators of Monarch Airlines, regarding the decision by the UK airport coordinator not to allocate or to reserve slots for Monarch for the summer 2018 season. Aircraft leasing dispute LaudaMotion v Lufthansa was also a key highlight for the set; Akhil Shah QC acted for LaudaMotion, while James Cutress QC, who was leading David Murray, appeared for Lufthansa.

Banking and finance (including consumer credit) Tier 1

Fountain Court Chambers 'continues to excel in the area of banking and finance' and has 'great strength in depth' with 'a number of eminent barristers', according to sources. The set, which typically represents banks, has a broad spread of barristers covering every aspect of banking law, from the advisory to the crossover between the criminal and the regulatory spheres. A significant highlight saw Bankim Thanki QC lead the Ukraine's defence in the Court of Appeal against a $3bn Eurobond claim brought by Russia. Other notable cases included Property Alliance Group v RBS, in which Richard Handyside QC succesfully represented RBS in the Court of Appeal, and Marme v RBS, in which Timothy Howe QC, Laura John and Simon Atrill successfully represented the bank.

Commercial litigation Tier 1

Fountain Court Chambers is a 'quality set with strength throughout the ranks', including 'strong juniors and silks who are responsive and fun to work with'. The set has 'the depth of brainpower and size of team which a major solicitor practice needs when the balloon goes up'. Members are regularly called upon to act on the country's most hard-fought disputes, including the landmark Serious Fraud Office v Eurasian Natural Resources Corporation, in which Bankim Thanki QC and Tamara Oppenheimer represented the defendant, and Tchenguiz v Grant Thornton, in which David Railton QC and Charles Bear QC were among eight members involved at various stages of the case. Another highlight was Stobart Group v Tinkler, which involved three members from chambers including Alex Barden.

Company and partnership

Financial services regulation Tier 1

Fountain Court Chambers is praised for its 'excellent all-round service' and 'remains one of the standout chambers for financial services regulation work', according to its instructing solicitors. The set has experienced members at every level, offering contentious and non-contentious regulatory advice. Highlights for members, such as Bankim Thanki QC, Richard Lissack QC, and Eleanor Davison,  include successfully guiding Barclays Bank through numerous proceedings arising from the £11bn Qatar capital raising in 2008.

Fraud: civil Tier 1

Fountain Court Chambers is a 'top-class set for civil fraud'. The set boasts some excellent juniors and silks, several of whom also have strong expertise in criminal law. Members have been acting on a raft of major cases, and in the Tchenguiz litigation it had two silks, including Stephen Rubin QC, acting on either side of the dispute. Another highlight was SFO v Eurasian Natural Resources Corporation, in which Bankim Thanki QC and Tamara Oppenheimer successfully represented ENRC before the Court of Appeal.

Health and safety Tier 1

Construction Tier 1

Insurance and reinsurance Tier 2

Fountain Court Chambers is a 'very strong set' noted for its 'intellectual rigour'. Its members are regularly instructed in high-value disputes including insurance coverage and liability work. Bermuda Form insurance coverage disputes, product and public liability insurance, professional indemnity, run-off policies, property catastrophe insurance disputes and political risks cover are also key areas of expertise. Claims arising from the financial services sector are a notable area of activity for the set. Leigh-Ann Mulcahy QC is defending AIG in Various Claimants v Giambrone & Law & AIG Europe, a complex claim for costs against an insurer non-party. Brightside Group and Brightside Insurance Services v RSM UK Audit and Paul Chase-Gardener, a £50m case brought by the Brightside group of insurance companies, is a notable case for Bankim Thanki QC who is acting for the former director.

International arbitration: counsel Tier 2

Fountain Court Chambers has 'many outstanding members at all stages of their careers' and when it comes to international arbitration, the set's members offer strong expertise across a range of disciplines. Members also have strong links to key arbitration centres such as Singapore. The set's barristers have been instructed on several major disputes, including Naftogaz v Gazprom, in which Alexander Milner is on the team representing Naftogaz. In the high-profile Maldives International Airport dispute, Bankim Thanki QC is representing GMR in a claim concerning the unlawful cancellation of the development project.

International arbitration: arbitrators Tier 2

Professional disciplinary and regulatory law Tier 2

Noted for its 'fantastic strength in depth,' Fountain Court Chambers’ barristers are 'very highly regarded' by instructing solicitors and 'regularly  lead on significant regulatory investigations and prosecutions'. Richard Coleman QC and Chloe Carpenter successfully acted for the Solicitors Regulation Authority (SRA) before the Court of Appeal concerning two appeals heard together, SRA v Malins and Wingate and Evans v SRA. The core issue in question was the inter-relationship between honesty and integrity for the purpose of professional codes of conduct; the court ruled that the qualities were not indistinguishable.

Professional negligence Tier 2

Fountain Court Chambers is a 'very professional and commercially-savvy set', with 'strength-in-depth across all levels'. It handles a raft of professional negligence disputes across the legal, construction, tax, property and financial services sectors. Mark Simpson QC appeared in Carlyle Capital Corporation v  Conway, acting for the claimant in its appeal against the dismissal of a $1bn claim made against the directors and investment manager after the company's collapse during the 2008 financial crisis. Anneliese Day QC is acting for more than 100 investors in Investors in the Scotts Atlantic Film Finance Scheme v Andrew Thornhill QC, a high-profile case alleging negligent advice.

Travel law (including jurisdictional issues) Tier 2

Fountain Court Chambers is a 'fantastic set' which is experienced in aviation and regulatory matters. Akhil Shah QC, who is noted for his regulatory experience, was involved in Blanche v easyJet, a second appeal and test case of a passenger claim for compensation under EU Regulation 261. Rosalind Phelps QC is acting as the external legal adviser to the CAA Panel deciding a contested case about the use of aircraft parts and their impact on the airworthiness of passenger aircraft; Volare v Civil Aviation Authority.

Business and regulatory crime (including global investigations) Tier 3

Fountain Court Chambers houses members with an established track record of defending in high-profile SFO cases. Richard Lissack QC and Robin Barclay represented Barclays in the SFO investigation into the bank's alleged fraud linked to its 2008 capital raising in Qatar; in 2018 the SFO's application for a voluntary bill of indictment against Barclays was dismissed. Meanwhile, Tamara Oppenheimer appeared for ENRC in an appeal against the judgment made in The Serious Fraud Office v Eurasian Natural Resources Corporation, concerning legal professional privilege over documents produced during an internal investigation; the appeal was successful.

Proceeds of Crime Act and asset forfeiture Tier 3

Energy Tier 3

Offshore Tier 3

Fountain Court Chambers includes a number of silks involved in challenging and high-stakes cases across offshore jurisdictions. Michael Green QC, who is also called to the Trinidadian Bar, represents Nanfong International Investments in a cross-border defence of a winding-up petition; he has been admitted to the Samoan Bar to handle the case there following success in a jurisdiction battle in the Caymanian Court of Appeal. Elsewhere, Bridget Lucas QC represented the "AwalCos" as defendants in the AHAB v Saad, a case in which more than two million documents were disclosed.

IT and telecoms Tier 4

Civil liberties and human rights (including actions against the police) Tier 4

Employment Tier 4

Product liability Tier 4

Fountain Court Chambers has a number of barristers with product liability litigation experience. The set's members have been involved in some of the largest cases in the field in recent years, including the PIP breast implant litigation, and has also advised on issues arising out of the Grenfell Tower fire. In a victory before the Court of Appeal, Leigh-Ann Mulcahy QC successfully acted for the defendant in Goodlife Foods Ltd v Hall Fire Protection Ltd; the case concerned the alleged failure of a fire suppressant system during a fire.

Set overviews: England and Wales

The ‘reassuringly expensive’ Fountain Court Chambers remains the ‘go-to’ set for banking and financial services litigation as well as being a ‘first choice’ for aviation instructions and civil fraud, according to solicitors who note its ‘abundance of talent and depth from the most junior junior to big name silks’. ‘Its expansion programme with lateral hires has been a real success.’ The ‘transparent’ clerking team is ‘user-friendly and helpful and generally willing to accommodate any particular or unusual requirements the client may have’. Senior clerk Alex Taylor ‘runs a tight ship with supervision from top to bottom; nothing comes as a surprise or too difficult for him to deal with and he understands the importance of relationships’. Following Paul Martenstyn’s departure, the ‘excellent’ Katie Szewczyk and Sian Huckett (‘devoted to client service and a particular asset to her set, she epitomises their fantastic service’) are now the set’s deputy senior clerks. Since the publication of our last guide, banking and fraud expert Nicholas Medcroft took silk in 2019 and specialist fraud and investigations practitioner Leonora Sagan joined from disputes boutique Kobre & Kim LLP. Also of note, Ian Benjamin SC (head of Bethany Chambers in Port of Spain, Trinidad and Tobago) has joined a door tenant; arbitrations Professor Luca Radicati di Brozolo and Anneliese Day QC have been appointed as vice president of the LCIA and as a new member of the LCIA Court respectively; and door tenant Professor Andrew Burrows has been appointed as a new Justice of the Supreme Court, commencing June 2020. Offices in: London and Singapore

Client Testimonials

CLIENT: UK Law firm
COMPANY/FIRM: A brand-focused boutique litigation firm working across intellectual property and sports matters
TESTIMONIAL: “Fountain Court’s clerks are great. They offer our litigation team as much support as is possible.  For example, we have regular relationship meetings to ensure that we are happy with every aspect of their service, they offer secondees and their events and seminars are topical and helpful.  We also find that their advice on costs invaluable.  Fountain Court is one of our Chambers of choice.”

CLIENT: International Law firm
TESTIMONIAL: “I have instructed members of Fountain Court since 1979.  It is not for sentimental reasons that I have kept going back to them, year in and year out.  They simply do not let their standards slip.”

CLIENT: International law firm
TESTIMONIAL: “From my experience of instructing members this year, I can say the following. They “get it” that modern commercial litigation is a team game, with clients, solicitors, experts and barristers all playing their part.  They are good team players, easy to deal with, no airs and graces.  They understand the time pressures that are generated by heavy commercial cases. They turn things around quickly. Their paperwork is exceptionally good – the typical Fountain Court product is a model of concision and precision, but always accessible – easily readable even for the non-cognoscenti.  And their advocacy is outstanding.”

CLIENT: International Law firm
TESTIMONIAL: “The clerking has always been of the highest calibre.  Alex and Paul are a pleasure to deal with.  You can talk business with them.  They understand the cost pressures on clients and solicitors – and they also go out of their way to deal with unexpected demands thrown up (inevitably) by big cases.  The junior clerks win plaudits too from my team.”

CLIENT: Offshore Law firm
TESTIMONIAL: “I have always found Fountain Court to be very strong on the commercials and on the people skills so they are my ‘go to’ set for cases with difficult people dynamics.  Their fees are in keeping with what one would expect and, more to the point, worth every penny”.

CLIENT:Global Law firm
TESTIMONIAL: ““I have had a relationship with Fountain Court that stretches back over 30 years. Our area of practise is mainly but not exclusively Banking Litigation and contentious Regulatory. Their expertise on the Banking litigation side is unrivalled at the bar.”

Diversity/Community

Equality and Diversity

Fountain Court is committed to Equality and Diversity. We regard it as essential to our standing as a leading commercial set of chambers that we should seek to excel in this, as in the rest of our business.

We recognise the obligation not to discriminate against clients, members, pupils or staff on grounds of gender, gender re-assignment, pregnancy and maternity, race (including colour, nationality and ethnic or national origins), sexual orientation, age, disability, marriage and civil partnership and religion or belief is a fundamental and legal obligation imposed on us by legislation and the Bar Code of Conduct.

It is only right that we should make sure we are behaving in a fair and non-discriminatory way. It also makes good business sense that we should recruit and retain the very best staff, pupils, and tenants, based on merit, from the widest possible pool of talent.

We have a comprehensive , which sets out the policies we have adopted for ensuring compliance with our legal and regulatory obligations and the .  In particular, we use published, objective, selection criteria in recruiting staff, pupils and tenants and we ensure that all those involved in recruitment have Equality and Diversity training; we participate in programs designed to encourage applicants from under-represented groups, such as the ; we provide 6 months’ rent free parental leave for the primary carer of a newborn or newly adopted baby, as well as the option of an extended career-break; we support flexible working patterns; we monitor fairness in allocation of work opportunities as between practising barristers; and we treat breach of our policies on discrimination and harassment as a serious matter. We also have an Equality and Diversity Strategy, which sets out our goals in respect of Equality and Diversity and how we aim to achieve them, and a rolling Action Plan, which sets out time-tabled steps towards meeting those goals.

Our two Equality and Diversity Officers,  and , monitor and report on our progress in relation to Equality and Diversity.

Giving back to the community

Fountain Court Chambers has always been at the fooffice_idront of delivery of pro bono services. For years, the set’s staff and members have provided advice for those in need through a variety of outlets. For example, junior members, such as Samuel Rabinowitz and Alexandra Whelan provide legal advice in the Bethnal Green Advice centre every Wednesday evening as part of chambers’ ongoing commitment to the centre, whilst the clerks’ team also support CSR initiatives in law firms and have assisted Olswang in helping the homeless in the Whitechapel Mission.  The Whitechapel Mission serves men and women caught in the cycles of poverty, hopelessness and dependencies of many kinds, and works to see their lives transformed to hope, joy and lasting productivity.

Other schemes that our junior barristers (1-3 years call) volunteer for include: the Queen’s Bench Division Interim Applications Court Pro Bono Advocacy Scheme; and the Chancery Litigants in Person Scheme (CLIPS) set up in conjunction with the Chancery Bar Association to provide Pro Bono representation to litigants in person in the Chancery Division at the Rolls Building, Court 10 and at the Central London County Court.

Another CSR that Chambers are proud of includes silks such as Michael Green QC attending Wormwood Scrubs Prison on a monthly basis as part of a scheme to monitor the welfare of prisoners, including those in vulnerable positions.

Bar Pro Bono Unit

Former Fountain Court member Lord Goldsmith established the Bar Pro Bono Unit, which we continue to actively support. Silks and juniors continue to review numerous cases, devoting substantial amounts of time to work for the Bar Pro Bono Unit, ensuring legal representation in High Court hearings and many other cases for those most in need but without the ability to pay for representation.

This year, chambers have joined the pilot of a new scheme called Pro Bono Connect, supported by the Bar Pro Bono Unit. The purpose of the scheme is to establish a network of chambers and firms of solicitors willing to work together on pro bono cases. It is intended to enable any barrister from a participating chambers working pro bono on a case to request assistance, via the clerks, from a participating solicitor.

Philip Brook Smith QC is a trustee and an instrumental part of the management committee of the Bar Pro Bono Unit and works alongside participating law firms such as; Weil, Gotshal & Manges LLP, K&L Gates LLP, Mishcon de Reya LLP, Enyo Law LLP, Debevoise & Plimpton LLP, Linklaters LLP, Allen & Overy LLP, DLA Piper LLP and Pinsent Masons LLP.

Stephen Lawrence Trust – access to clerking

The Trust is a national educational charity committed to the social inclusion; community cohesion and the alleviation of poverty. It addresses the causes of urban decay; youth disaffection and educational underachievement and supports young people by developing pathways into sustainable education and employment.

In January, 2017 former Deputy Senior Clerk Paul Martenstyn was invited to become an Ambassador for and in the same year was invited to be part of the IBC Management and Education Committee. Both of these invitations demonstrate the high-regard with which he is held in the legal community.

Outside of the legal arena, Chambers also works hard to contribute to a variety of charitable causes.  For example, participating in the ‘Macmillan’s Go Sober for October’ fundraising event, the clerks’ team were awarded for being a top fundraising team, helping to raise just short of £3,000 for this incredible charity.

Pro Bono

Fountain Court Chambers – International Tab

Fountain Court is a set with an excellent reputation for its international work. Covering many diverse practice areas including Aviation, Banking and Finance, Company, Commercial Litigation, Construction, Energy, Offshore, Telecommunications and Travel the set provides experienced advice, counsel and arbitration through all levels of call.

International appointments

Michael Bridle QC has recently been appointed as President of the newly created Abu Dhabi Global Market appeals panel. Patricia Robertson QC has also been appointed as a member of that same panel. In collaboration with other International Financial Centres, global institutions and regulators, Abu Dhabi Global Market develops and supports member institutions with the regulatory framework, legal jurisdiction and attractive business environment they need for sustainable business growth.

Offshore

Members have predominantly acted offshore for institutional and corporate clients, but also in cases involving representation of ultra-high net worth individuals. They have also acted in oligarch-influenced cases involving significant Russian investors. In recent years, Members of Chambers have received instructions in relation to substantial offshore cases from some of the largest mainstream US and UK litigation firms, as well as from (or working in conjunction with) many of the significant offshore firms.

International Arbitration

Members regularly act in arbitrations with an international dimension: as well as acting in London arbitrations, many members have experience of acting in arbitrations conducted in foreign jurisdictions; similarly, many members have experience of acting in arbitrations where the subject matter of the dispute is governed by a foreign law.

Given exponential growth in the number of international commercial disputes being referred to the Singapore International Arbitration Centre and the longer-term prospect of a Singapore International Commercial Court, the set established permanent presence in Singapore in September 2014.

Outside of Singapore, individual members have seen multi-jurisdictional cases involving a variety of jurisdictions including India, Switzerland, the UAE, Russia, Turkey and Israel, in disputes involving a wide range of sectors, including property, aviation, construction, shipping, financial services, international supply contracts, telecommunications and insurance. Work in the DIFC Courts and arbitral institutions has seen a particular increase, with members appearing in the DIAC

International Arbitrators

Members have a wide range of experience across a variety of industries dealing with all types of disputes relating to arbitrations themselves, such as the construction and validity of arbitration agreements, the conduct of arbitrations, the removal of arbitrators, the granting of interim remedies, the enforcement of awards and appeals.  They are familiar with the various institutional arbitration regimes, including the International Chamber of Commerce, the London Court of International Arbitration, the UNCITRAL Rules and the City Disputes Panel.

Most senior members of Chambers have accepted appointments as arbitrators, and many of them are highly experienced arbitrators with strong reputations in the market. Increasingly, junior members of chambers are also being invited to sit as arbitrators in complex and high profiles matters.

Notable international cases include:

• Sonera v Cukorova litigation involves the enforcement of a US$1 billion ICC award. The case has generated a considerable number of rulings in the British Virgin Islands, including several appeals to both the BVI Court of Appeal and Privy Council in London; the case is a good example of the substantial arbitration-related disputes in which Members are regularly involved.

• Naftogaz v. Gazprom, two very substantial arbitrations in the Stockholm Chamber of Commerce against Gazprom of Russia, relating to the sale and supply of Russian natural gas. The sums involved are extremely large – in excess of US$40 billion – and make the cases some of the largest in the world by value.

• Ng Su Ling and Qua Su Ling v Goldman Sachs, claims worth millions of Singapore dollars arising out of Goldman Sachs’ calling in of substantial margin loan facilities and subsequent realization of share collateral.

• The CLICO Inquiry in Trinidad and Tobago, concerning the circumstances in which major banking and insurance companies based in Trinidad & Tobago sustained losses totalling billions of dollars.

• Tempo Group Limited v Fortuna Development Corporation and ors was a six week trial conducted between September and December 2014 in the Cayman Islands Grand Court (judgment is still awaited) which involved both complex factual issues going back over many years and tricky legal problems as to the validity of company EGMs and board meetings, whether a director was properly removed as a director and the validity of bearer share certificates issued by a Samoan company.

• The Blesmir Development Limited and another v Mail.ru Group Limited and others litigation in the BVI concerned the ownership of VKontakte the “Russian Facebook” social networking site worth several billions of dollars.

• The longest trial in Cayman Islands history, a hedge funds dispute, and a very significant case in both St. Lucia and St. Kitts & Nevis, relating to a US$3.5 billion shareholder dispute involving Russian parties, which has seen proceedings in the Eastern Caribbean Court of Appeal, with the losing party planning to appeal to the Privy Council.

• Proceedings in the British Virgin Islands on behalf of TeliaSonera to enforce a US$1 billion arbitration award, resulting in a recent appeal before the Privy Council.

• Proceedings in the Cayman Islands arising from the collapse of the Weavering hedge fund.

• A Privy Council appeal from the Court of Appeal of Trinidad & Tobago regarding a multi-million pound dispute over the estate of a high net worth Caribbean individual in which various members of the individual’s family are involved

• Case involving allegations of money laundering to be heard in the Supreme Court of Gibraltar

• Arch Cru litigation, being heard in Guernsey, over losses allegedly caused by investment in high-risk offshore funds

• BITEL litigation in the Isle of Man heard in the Privy Council.

• Various ‘credit crunch’ cases concerning Jersey-based corporate entities and investment funds.

• Case involving a leading Bahraini regulated bank involving the valuation of various CDO notes, face value of several hundred million US dollars.

Countries of expertise include:

Singapore Office:

Ocean Financial Centre #37-06/10

10 Collyer Quay

Singapore 049315